SATURDAY, June 14,
1788.

A letter from the honorable the president to the Convention was read,
stating his inability to attend to his duty in the house to-day.

Whereupon the honorable JOHN TYLER was unanimously elected
vice-president, to preside during the inability of the president.

Mr. CORBIN thought the Mississippi subject had been amply discussed. He
hoped that the committee would enter into the discussion of the proposed
Constitution regularly; but that, if any gentleman would continue the inquiry
relative to that river, he would answer him. He moved that they should debate
it clause by clause.

Mr. GRAYSON. Mr. Chairman, I conceive the investigation of this subject,
which materially concerns the welfare of this country, ought not to wound the
feelings of any gentleman. I look upon this as a contest for empire. Our
country is equally affected with Kentucky. The Southern States are deeply
interested in this subject. If the Mississippi be shut up, emigrations will be
stopped entirely. There will be no new states formed on the western waters.
This will be a government of seven states. This contest of the Mississippi
involves this great national contest; that is, whether one part of the
continent shall govern the other. The Northern States have the majority, and
will endeavor to retain it. This is, therefore, a contest for dominion —
for empire. I apprehend that God and nature have intended, from the extent of
territory and fertility of soil, that the {366} weight of population should be
on this side of the continent. At present, for various reasons, it is on the
other side. This dispute concerns every part of Kentucky. A particular
investigation ought to offend no gentleman. Mr. Grayson then declared, he hoped
the subject would be further continued.

Mr. ALEXANDER WHITE wished the further discussion of that subject to be
postponed till they came to that part which enables the Senate to make
treaties. He seconded Mr. Corbin's motion, to proceed clause by clause.

[The 3d section, article 1, was then
read.]

Mr. TYLER hoped that, when amendments should be brought forward, they
should be at liberty to take a general view of the whole Constitution. He
thought that the power of trying impeachments, added to that of making
treaties, was something enormous, and rendered the Senate too dangerous.

Mr. MADISON answered, that it was not possible to form any system to
which objections might not be made; that the junction of these powers might be
in some degree objectionable, but that it could not be amended. He agreed with
the gentleman, that, when amendments were brought on, a collective view of the
whole system might be taken.

[The 4th and 5th sections were then
read.]

Mr. MONROE wished that the honorable gentleman, who had been in the
federal Convention, would give information respecting the clause concerning
elections. He wished to know why Congress had an ultimate control over the
time, place, and manner, of elections of representatives, and the time and
manner of that of senators, and also why there was an exception as to the place
of electing senators.

Mr. MADISON. Mr. Chairman, the reason of the exception was, that, if
Congress could fix the place of choosing the senators, it might compel the
state legislatures to elect them in a different place from that of their usual
sessions, which would produce some inconvenience, and was not necessary for the
object of regulating the elections. But it was necessary to give the general
government a control over the time and manner of choosing the senators, to
prevent its own dissolution.

{367} With respect to the other point, it was thought that the
regulation of time, place, and manner, of electing the representatives, should
be uniform throughout the continent. Some states might regulate the elections
on the principles of equality, and others might regulate them otherwise. This
diversity would be obviously unjust. Elections are regulated now unequally in
some states, particularly South Carolina, with respect to Charleston, which is
represented by thirty members. Should the people of any state by any means be
deprived of the right of suffrage, it was judged proper that it should be
remedied by the general government. It was found impossible to fix the time,
place, and manner, of the election of representatives, in the Constitution. It
was found necessary to leave the regulation of these, in the first place, to
the state governments, as being best acquainted with the situation of the
people, subject to the control of the general government, in order to enable it
to produce uniformity, and prevent its own dissolution. And, considering the
state governments and general government as distinct bodies, acting in
different and independent capacities for the people, it was thought the
particular regulations should be submitted to the former, and the general
regulations to the latter. Were they exclusively under the control of the state
governments, the general government might easily be dissolved. But if they be
regulated properly by the state legislatures, the congressional control will
very probably never be exercised. The power appears to me satisfactory, and as
unlikely to be abused as any part of the Constitution.

Mr. MONROE wished to hear an explanation of the clause which prohibits
either house, during the session of Congress, from adjourning for more than
three days without the consent of the other. He asked if it was proper or
right, that the members of the lower house should be dependent on the Senate.
He considered that it rendered them in some respect dependent on the senators,
as it prevented them from returning home, or adjourning, without their consent;
and, as this might increase their influence unduly, he thought it improper.

Mr. MADISON wondered that this clause should meet with a shadow of
objection. It was possible, he observed, that the two branches might not agree
concerning the time {368} of adjournment, and this possibility suggested the
power given the President of adjourning both houses to such time as he should
think proper, in case of their disagreement. That it would be very
exceptionable to allow the senators, or even the representatives, to adjourn,
without the consent of the other house, at any season whatsoever, without any
regard to the situation of public exigencies. That it was possible, in the
nature of things, that some inconvenience might result from it; but that it was
as well secured as possible.

Gov. RANDOLPH observed, that the Constitution of Massachusetts was
produced as an example, in the grand Convention, in favor of this power given
to the President. If, said his excellency, he be honest, he will do what is
right: if dishonest, the representatives of the people will have the power of
impeaching him.

[The 6th section was then
read.]

Mr. HENRY. Mr. Chairman, our burden should, if
possible, be rendered more light. I was in hopes some other gentleman would
have objected to this part. The pay of the members is, by the Constitution, to
be fixed by themselves, without limitation or restraint. They may therefore
indulge themselves in the fullest extent. They may make their compensation as
high as they please. I suppose, if they be good men, their own delicacy will
lead them to be satisfied with moderate salaries. But there is no security for
this, should they be otherwise inclined. I really believe that, if the state
legislatures were to fix their pay, no inconvenience would result from it, and
the public mind would be better satisfied. But in the same section there is a
defect of a much greater consequence. There is no restraint on corruption. They
may be appointed to offices without any material restriction, and the principal
source of corruption in representatives is the hope or expectation of offices
and emoluments. After the first organization of offices, and the government is
put in motion, they may be appointed to any existing offices which become
vacant, and they may create a multiplicity of offices, in order thereafter to
be appointed to them. What says the clause? "No senator or representative
shall, during the time for which he was elected, be appointed to any civil
office, under the authority of the United States, which shall have been
created, or the emoluments {369} whereof shall have been increased, during such
time." This is an idea strangely expressed.

He shall not accept of any office created during the time he is elected
for, or of any office whereof the emoluments have been increased in that time.
Does not this plainly say that, if an office be not created during the time for
which he is elected, or if its emoluments be not increased during such time, he
may accept of it? I can see it in no other light. If we wish to preclude the
enticement to getting offices, there is a clear way of expressing it. If it be
better that Congress should go out of their representative offices by accepting
other offices, then it ought to be so. If not, we require an amendment in the
clause, that it shall not be so. I may be wrong. Perhaps the honorable member
may be able to give a satisfactory answer on this subject.

Mr. MADISON. Mr. Chairman, I most sincerely wish to give a proper
explanation on this subject, in such a manner as may be to the satisfaction of
every one. I shall suggest such considerations as led the Convention to approve
of this clause. With respect to the right of ascertaining their own pay, I will
acknowledge that their compensations, if practicable, should be fixed in the
Constitution itself, so as not to be dependent on Congress itself, or on the
state legislatures. The various vicissitudes, or rather the gradual diminution,
of the value of all coins and circulating medium, is one reason against
ascertaining them immutably; as what may be now an adequate compensation,
might, by the progressive reduction of the value of our circulating medium, be
extremely inadequate at a period not far distant.

It was thought improper to leave it to the state legislatures, because
it is improper that one government should be dependent on another; and the
great inconveniences experienced under the old Confederation show the states
would be operated upon by local considerations, as contradistinguished from
general and national interests. Experience shows us that they have been
governed by such heretofore, and reason instructs us that they would be
influenced by them again. This theoretic inconvenience of leaving to Congress
the fixing their compensations is more than counterbalanced by this in the
Confederation — that the state legislatures had a right to determine the
pay of the members of Congress, {370} which enabled the states to destroy the
general government. There is no instance where this power has been abused. In
America, legislative bodies have reduced their own wages lower, rather than
augmented them. This is a power which cannot be abused without rousing
universal attention and indignation. What would be the consequence of the
Virginian legislature raising their pay to four or five pounds each per day?
The universal indignation of the people. Should the general Congress annex
wages disproportionate to their service, or repugnant to the sense of the
community, they would be universally execrated. The certainty of incurring the
general detestation of the people will prevent abuse.

It was conceived that the great danger was in creating new offices,
which would increase the burdens of the people; and not in a uniform admission
of all meritorious characters to serve their country in the old offices. There
is no instance of any state constitution which goes as far as this. It was
thought to be a mean between two extremes. It guards against abuse by taking
away the inducement to create new offices, or increase the emolument of old
offices; and it gives them an opportunity of enjoying, in common with other
citizens, any of the existing offices which they may be capable of executing.
To have precluded them from this, would have been to exclude them from a common
privilege to which every citizen is entitled, and to prevent those who had
served their country with the greatest fidelity and ability from being on a par
with their fellow-citizens. I think it as well guarded as reason requires; more
so than the constitution of any other nation.

Mr. NICHOLAS thought it sufficiently guarded, as it prevented the
members of the general government from holding offices which they created
themselves, or of which they increased the emoluments; and as they could not
enjoy any office during their continuance in Congress, to admit them to old
offices when they left Congress, was giving them no exclusive privilege, but
such as every citizen had an equal right to.

Mr. TYLER was afraid that, as their compensations were not fixed in the
Constitution, Congress might fix them so low, that none but rich men could go;
by which the government might terminate in an aristocracy. The states {371}
might choose men noted for their wealth and influence, and state influence
would govern the Senate. This, though not the most capital objection, he
thought was considerable, when joined to others of greater magnitude. He
thought the gentleman's account of it was by no means satisfactory. A parallel
had been drawn between this power in Congress of fixing their compensations,
and that of our Assembly fixing the quantum of their salaries. He was of
opinion the comparison did not apply, as there was less responsibility in the
former than in the latter case. He dreaded that great corruption would take
place, and wished to have it amended so as to prevent it.

Mr. GRAYSON. Mr. Chairman, it strikes me that they may fix their wages
very low. From what has happened in Great Britain, I am warranted to draw this
conclusion. I think every member of the House of Commons formerly had a right
to receive twenty shillings, or a guineas a day. But I believe that this salary
is taken away since the days of corruption. The members of the House of
Commons, if I recollect rightly, get nothing for their services as such. But
there are some noble emoluments to be derived from the minister, and some other
advantages to be obtained. Those who go to Parliament form an idea of
emoluments. They expect something besides wages. They go in with the wishes and
expectations of getting offices. This, sir, may be the case in this government.
My fears are increased from the inconveniences experienced under the
Confederation.

Most of the great officers have been taken out of Congress, such as
ambassadors to foreign courts, &c. A number of offices have been
unnecessarily created, and ambassadors have been unnecessarily sent to foreign
countries — to countries with which we have nothing to do. If the present
Congress exceeded the limits of propriety, though extremely limited with
respect to power in the creation of offices, what may not the future Congress
do, when they have, by this system, a full scope of creating what offices and
annexing what salaries they please? There are but few members in the Senate and
lower house. They may all get offices at different times, as they are not
excluded from being appointed to existing offices for the time for which they
shall have been elected. Considering the corruption of human {372} nature, and
the general tendency of mankind to promote their own interest, I think there is
great danger. I am confirmed in my opinion from what I have seen already in
Congress, and among other nations. I wish this part, therefore, to be amended,
by prohibiting any senator or representative from being appointed to any office
during the time for which he was elected, and by fixing their emoluments;
though I would not object to the Constitution on this account solely, were
there no other defect.

Mr. MADISON. Mr. Chairman, let me ask those who oppose this part of the
system, whether any alteration would not make it equally, or more liable to
objections. Would it be better to fix their compensations. Would not this
produce inconveniences? What authorizes us to conclude that the value of coins
will continue always the same? Would it be prudent to make them dependent on
the state governments for their salaries — on those who watch them with
jealous eyes, and who consider them as encroaching, not on the people, but on
themselves? But the worthy member supposes that Congress will fix their wages
so low, that only the rich can fill the offices of senators and
representatives. Who are to appoint them? The rich? No, sir; the people are to
choose them. If the members of the general government were to reduce their
compensations to a trifle, before the evil suggested could happen, the people
could elect other members in their stead, who would alter that regulation. The
people do not choose them for their wealth. If the state legislatures choose
such men as senators, it does not influence the people at large in their
election of representatives. They can choose those who have the most merit and
least wealth. If Congress reduce their wages to a trifle, what shall prevent
the states from giving a man of merit so much as will be an adequate
compensation? I think the evil very remote; and if it were now to happen, the
remedy is in our own hands, and may by ourselves be applied.

Another gentleman seems to apprehend infinite mischief from a
possibility that any member of Congress may be appointed to an office, although
he ceases to be a member the moment he accepts it. What will be the consequence
of precluding them from being so appointed? If you have in your country one man
whom you could, in time of danger, {373} trust, above all others, with an
office of high importance, he cannot undertake it till two years expire if he
be a representative, or till six years elapse if a senator. Suppose America was
engaged in war, and the man of the greatest military talents and approved
fidelity was a member of either house; would it be right that this man, who
could lead us to conquer, and who could save his country from destruction,
could not be made general till the term of his election expired? Before that
time we might be conquered by our enemies. This will apply to civil as well as
military officers. It is impolitic to exclude from the service of his country,
in any office, the man who may be most capable of discharging its duties, when
they are most wanting.

The honorable gentleman said, that those who go to Congress will look
forward to offices, as a compensation for their services, rather than salaries.
Does he recollect that they shall not fill offices created by themselves? When
they go to Congress, the old offices will be filled. They cannot make any
probable calculation that the men in office will die, or forfeit their offices.
As they cannot get any new offices, one of these contingencies must happen
before they can get ally office at all. The chance of getting an office is,
therefore, so remote, and so very distant, that it cannot be considered as a
sufficient reason to operate on their minds to deviate from their duty.

Let any man calculate in his own mind the improbability of a member of
the general government getting into an office, when he cannot fill any office
newly created, and when he finds all the old offices filled at the time he
enters into Congress. Let him view the danger and impolicy of precluding a
member of Congress from holding existing offices, and the danger of making one
government dependent on another, and he will find that both clauses deserve
applause.

The observations made by several honorable members illustrate my
opinion, that it is impossible to devise any system agreeable to all. When
objections so contradictory are brought against it, how shall we decide? Some
gentlemen object to it because they may make their wages too high; others
object to it because they may make them too low. If it is to be perpetually
attacked by principles so repugnant, we may cease to discuss. For what is the
object of our discussion? Truth, sir. To draw a true and just conclusion. {374}
Can this be done without rational premises and syllogistic reasoning?

As to the British Parliament, it is nearly as he says. But how does it
apply to this case? Suppose their compensations had been appointed by the state
governments, or fixed in the Constitution; would it be a safe government for
the Union, if its members depended on receiving their salaries from other
political bodies at a distance, and fully competent to withhold them? Its
existence would, at best, be but precarious. If they were fixed in the
Constitution, they might become extremely inadequate, and produce the very evil
which gentlemen seem to fear; for then a man of the highest merit could not act
unless he were wealthy. This is the most delicate part in the organization of a
republican government. It is the most difficult to establish on unexceptionable
grounds. It appears to me most eligible as it is. The Constitution has taken a
medium between the two extremes, and perhaps with more wisdom than either the
British or the state governments, with respect to their eligibility to office.
They can fill no new offices created by themselves, nor old ones of which they
increased the salaries. If they were excluded altogether, it is possible that
other disadvantages might accrue from it, besides the impolicy and injustice of
depriving them of a common privilege. They will not relinquish their
legislative, in order to accept other offices. They will more probably confer
them on their friends and connections. If this be an inconvenience, it is
incident to all governments. After having heard a variety of principles
developed, I thought that on which it is established the least exceptionable,
and it appears to me sufficiently well guarded.

Mr. GRAYSON. Mr. Chairman, I acknowledge that the honorable gentleman
has represented the clause rightly as to their exclusion from new offices; but
is there any clause to hinder them from giving offices to uncles, nephews,
brothers, and other relations and friends? I imagine most of the offices will
be created the first year, and then gentlemen will be tempted to carry on this
accommodation.

A worthy member has said — what had been often said before —
that, suppose a war took place, and the most experienced and able man was
unfortunately in either house, he could not be made general, if the proposed
amendment was {375} adopted. Had he read the clause, he would have discovered
that it did not extend to military offices, and that the restriction extends to
civil offices only. No case can exist, with respect to civil offices, that
would occasion a loss to the public, if the members of both houses were
precluded from holding any office during the time for which they were elected.
The old Confederation is so defective in point of power, that no danger can
result from creating offices under it; because those who hold them cannot be
paid The power of making paper money will not be exercised. This country is so
thoroughly sensible of the impropriety of it, that no attempt will be made to
make any more. So that no danger can arise, as they have not power to pay, if
they appoint, officers. Why not make this system as secure as that, in this
respect? A great number of offices will be created, to satisfy the wants of
those who shall be elected. The worthy member says, the electors can alter
them. But have the people the power of making honest men be elected? If he be
an honest man, and his wages so low that he could not pay for his expenses, he
could not serve them if elected. But there are many thirsting after offices
more than public good. Political adventurers go up to Congress solely to
advance their own particular emoluments. It is so in the British House of
Commons. There are two sets always in that house — one, the landed
interest, the most patriotic and respectable; the other, a set of dependants
and fortune-hunters, who are elected for their own particular interest, and are
willing to sell the interest of their constituents to the crown. The same
division may happen among our representatives. This clause might as well not be
guarded at all, as in this flimsy manner. They cannot he elected to offices for
the terms for which they were elected, and continue to be members of Congress.
But as they can create as many offices as they please for the particular
accommodation of their friends, it might as well not be guarded at all. Upon
the whole, I consider it entirely imperfect.

[The 7th section read.]

Mr. GRAYSON objected to the power of the Senate to propose or concur
with amendments to money bills. He looked upon the power of proposing
amendments to be equal, in principle, to that of originating, and that they
were, in {376} fact, the same. As this was, in his opinion, a departure from
that great principle which required that the immediate representatives of the
people only should interfere with money bills, he wished to know the reasons on
which it was founded. The lords in England had never been allowed to
intermeddle with money bills. He knew not why the Senate should. In the lower
house, said he, the people are represented according to their numbers. In the
upper house, the states are represented in their political capacities.
Delaware, or Rhode Island, has as many representatives here as Massachusetts.
Why should the Senate have a right to intermeddle with money, when the
representation is neither equal nor just?

Mr. MADISON. Mr. Chairman, the criticism made by the honorable member
is, that there is an ambiguity in the words, and that it is not clearly
ascertained where the origination of money bills may take place. I suppose the
first part of the clause is sufficiently expressed to exclude all doubts. The
gentlemen who composed the Convention divided in opinion concerning the utility
of confining this to any particular branch. Whatever it be in Great Britain,
there is a sufficient difference between us and them to render it inapplicable
to this country. It has always appeared to me to be a matter of no great
consequence, whether the Senate had a right of originating or proposing
amendments to money bills, or not. To withhold it from them would create
disagreeable disputes. Some American constitutions make no difference. Virginia
and South Carolina are, I think, the only states where this power is
restrained. In Massachusetts, and other states, the power of proposing
amendments is vested, unquestionably, in their senates. No inconvenience has
resulted from it. On the contrary, with respect to South Carolina, this clause
is continually a source of disputes. When a bill comes from the other house,
the Senate entirely rejects it, and this causes contentions. When you send a
bill to the Senate, without the power of making any alteration, you force them
to reject the bill altogether, when it would be necessary and advantageous that
it should pass.

The power of proposing alterations removes this inconvenience, and does
not appear to me at all objectionable. I should have no objection to their
having a right of originating {377} such bills. People would see what was done,
and it would add the intelligence of one house to that of the other. It would
be still in the power of the other house to obstruct any injudicious measure
proposed by them.

There is no landmark or constitutional provision in Great Britain, which
prohibits the House of Lords from intermeddling with money bills; but the House
of Commons have established this rule. Yet the lords insist on their having a
right to originate them, as they possess great property, as well as the
commons, and are taxed like them. The House of Commons object to their claim,
lest they should too lavishly make grants to the crown, and increase the taxes.
The honorable member says that there is no difference between the right of
originating bills and proposing amendments. There is some difference, though
not considerable. If any grievances should happen in consequence of unwise
regulations in revenue matters, the odium would be divided, which will now be
thrown on the House of Representatives. But you may safely lodge this power of
amending with the Senate. When a bill is sent with proposed amendments to the
House of Representatives, if they find the alterations defective, they are not
conclusive. The House of Representatives are the judges of their propriety, and
the recommendation of the Senate is nothing. The experience of this state
justifies this clause. The House of Delegates has employed weeks in forming a
money bill; and because the Senate had no power of proposing amendments, the
bill was lost altogether, and a new bill obliged to be again introduced, when
the insertion of one line by the Senate would have done. Those gentlemen who
oppose this clause will not object to it when they recollect that the senators
are appointed by the states, as the present members of Congress are appointed;
for, as they will guard the political interests of the states in other
respects, they will attend to them very probably in their amendments to money
bills. I think this power, for these considerations, is useful and necessary.

Mr. GRAYSON still considered the power of proposing amendments to be the
same, in effect, as that of originating. The Senate could strike out every word
of the bill, except the word whereas, or any other introductory word, and might
substitute new words of their own. As the state of Delaware was not so large as
the county of Augusta, and Rhode {378} Island was still less, and yet had an
equal suffrage in the Senate, he could not see the propriety of giving them
this power, but referred it to the judgment of the house.

[The 8th section read.]

Mr. CLAY wished to be informed why the Congress were to have power to
provide for calling forth the militia, to put the laws of the Union into
execution.

Mr. MADISON supposed the reasons of this power to be so obvious that
they would occur to most gentlemen. If resistance should be made to the
execution of the laws, he said, it ought to be overcome. This could be done
only in two ways — either by regular forces or by the people. By one or
the other it must unquestionably be done. If insurrections should arise, or
invasions should take place, the people ought unquestionably to be employed, to
suppress and repel them, rather than a standing army. The best way to do these
things was to put the militia on a good and sure footing, and enable the
government to make use of their services when necessary.

Mr. GEORGE MASON. Mr. Chairman, unless there be some restrictions on the
power of calling forth the militia, to execute the laws of the Union, suppress
insurrections, and repel invasions, we may very easily see that it will produce
dreadful oppressions. It is extremely unsafe, without some alterations. It
would be to use the militia to a very bad purpose, if any disturbance happened
in New Hampshire, to call them from Georgia. This would harass the people so
much that they would agree to abolish the use of the militia, and establish a
standing army. I conceive the general government ought to have power over the
militia, but it ought to have some bounds. If gentlemen say that the militia of
a neighboring state is not sufficient, the government ought to have power to
call forth those of other states, the most convenient and contiguous. But in
this case, the consent of the state legislatures ought to be had. On
real emergencies, this consent will never be denied, each state being
concerned in the safety of the rest. This power may be restricted without any
danger. I wish such an amendment as this — that the militia of any state
should not be marched beyond the limits of the adjoining state; and if it be
necessary to draw them from one end of the continent to {379} the other, I wish
such a check, as the consent of the state legislature, to be provided.
Gentlemen may say that this would impede the government, and that the state
legislatures would counteract it by refusing their consent. This argument may
be applied to all objections whatsoever. How is this compared to the British
constitution? Though the king may declare war, the Parliament has the means of
carrying it on. It is not so here. Congress can do both. Were it not for that
check in the British government, the monarch would be a despot. When a war is
necessary for the benefit of the nation, the means of carrying it on are never
denied. If any unjust requisition be made on Parliament, it will be, as it
ought to be, refused. The same principle ought to be observed in our
government. In times of real danger, the states will have the same enthusiasm
in aiding the general government, and granting its demands, which is seen in
England, when the king is engaged in a war apparently for the interest of the
nation. This power is necessary; but we ought to guard against danger. If ever
they attempt to harass and abuse the militia, they may abolish them, and raise
a standing army in their stead. There are various ways of destroying the
militia. A standing army may be perpetually established in their stead. I
abominate and detest the idea of a government, where there is a standing army.
The militia may be here destroyed by that method which has been practised in
other parts of the world before; that is, by rendering them useless — by
disarming them. Under various pretences, Congress may neglect to provide for
arming and disciplining the militia; and the state governments cannot do it,
for Congress has an exclusive right to arm them, &c. Here is a line of
division drawn between them — the state and general governments. The power
over the militia is divided between them. The national government has an
exclusive right to provide for arming, organizing, and disciplining the
militia, and for governing such part of them as may be employed in the service
of the United States. The state governments have the power of appointing the
officers, and of training the militia, according to the discipline prescribed
by Congress, if they should think proper to prescribe any. Should the national
government wish to render the militia useless, they may neglect them, and let
them perish, in order to have a pretence of establishing a standing army.

{380} No man has a greater regard for the military gentlemen than I
have. I admire their intrepidity, perseverance, and valor. But when once a
standing army is established in any country, the people lose their liberty.
When, against a regular and disciplined army, yeomanry are the only defence,
— yeomanry, unskilful and unarmed, — what chance is there for
preserving freedom? Give me leave to recur to the page of history, to warn you
of your present danger. Recollect the history of most nations of the world.
What havoc, desolation, and destruction, have been perpetrated by standing
armies! An instance within the memory of some of this house will show us how
our militia may be destroyed. Forty years ago, when the resolution of enslaving
America was formed in Great Britain, the British Parliament was advised by an
artful man,[1] who was governor of
Pennsylvania, to disarm the people; that it was the best and most effectual way
to enslave them; but that they should not do it openly, but weaken them, and
let them sink gradually, by totally disusing and neglecting the militia. [Here
Mr. Mason quoted sundry passages to this effect.] This was a most iniquitous
project. Why should we not provide against the danger of having our militia,
our real and natural strength, destroyed? The general government ought, at the
same time, to have some such power. But we need not give them power to abolish
our militia. If they neglect to arm them, and prescribe proper discipline, they
will be of no use. I am not acquainted with the military profession. I beg to
be excused for any errors I may commit with respect to it. But I stand on the
general principles of freedom, whereon I dare to meet any one. I wish that, in
case the general government should neglect to arm and discipline the militia,
there should be an express declaration that the state governments might arm and
discipline them. With this single exception, I would agree to this part, as I
am conscious the government ought to have the power.

They may effect the destruction of the militia, by rendering the service
odious to the people themselves, by harassing them from one end of the
continent to the other, and by keeping them under martial law.

The English Parliament never pass a mutiny bill but for {381} one year.
This is necessary; for otherwise the soldiers would be on the same footing with
the officers, and the army would be dissolved. One mutiny bill has been here in
force since the revolution. I humbly conceive there is extreme danger of
establishing cruel martial regulations. If, at any time, our rulers should have
unjust and iniquitous designs against our liberties, and should wish to
establish a standing army, the first attempt would be to render the service and
use of militia odious to the people themselves — Subjecting them to
unnecessary severity of discipline in time of peace, confining them under
martial law, and disgusting them so much as to make them cry out, "Give us a
standing army!" I would wish to have some check to exclude this danger; as,
that the militia should never be subject to martial law but in time of war. I
consider and fear the natural propensity of rulers to oppress the people. I
wish only to prevent them from doing evil. By these amendments I would give
necessary powers, but no unnecessary power. If the clause stands as it is now,
it will take from the state legislatures what divine Providence has given to
every individual — the means of self-defence. Unless it be moderated in
some degree, it will ruin us, and introduce a standing army.

Mr. MADISON. Mr. Chairman, I most cordially agree, with the honorable
member last up, that a standing army is one of the greatest mischiefs that can
possibly happen. It is a great recommendation for this system, that it provides
against this evil more than any other system known to us, and, particularly,
more than the old system of confederation. The most effectual way to guard
against a standing army, is to render it unnecessary. The most effectual way to
render it unnecessary, is to give the general government full power to call
forth the militia, and exert the whole natural strength of the Union, when
necessary. Thus you will furnish the people with sure and certain protection,
without recurring to this evil; and the certainty of this protection from the
whole will be a strong inducement to individual exertion. Does the organization
of the government warrant a belief that this power will be abused? Can we
believe that a government of a federal nature, consisting of many coŽqual
sovereignties, and particularly having one branch chosen from the people, would
drag the militia unnecessarily to an immense distance? This, sir, would be
unworthy the most arbitrary despot. {382} They have no temptation whatever to
abuse this power; such abuse could only answer the purpose of exciting the
universal indignation of the people, and drawing on themselves the general
hatred and detestation of their country.

I cannot help thinking that the honorable gentleman has not considered,
in all its consequences, the amendment he has proposed. Would this be an equal
protection, sir, or would it not be a most partial provision? Some states have
three or four states in contact. Were this state invaded, as it is bounded by
several states, the militia of three or four states would, by this proposition,
be obliged to come to our aid; and those from some of the states would come a
far greater distance than those of others. There are other states, which, if
invaded, could be assisted by the militia of one state only, there being
several states which border but on one state. Georgia and New Hampshire would
be infinitely less safe than the other states. Were we to adopt this amendment,
we should set up those states as butts for invasions, invite foreign enemies to
attack them, and expose them to peculiar hardships and dangers. Were the
militia confined to any limited distance from their respective places of abode,
it would produce equal, nay, more inconveniences. The principles of equality
and reciprocal aid would be destroyed in either case.

I cannot conceive that this Constitution, by giving the general
government the power of arming the militia, takes it away from the state
governments. The power is concurrent, and not exclusive. Have we not found,
from experience, that, while the power of arming and governing the militia has
been solely vested in the state legislatures, they were neglected and rendered
unfit for immediate service? Every state neglected too much this most essential
object. But the general government can do it more effectually. Have we not also
found that the militia of one state were almost always insufficient to secure
its harassed neighbor? Did all the states furnish their quotas of militia with
sufficient promptitude? The assistance of one state will be of little avail to
repel invasion. But the general head of the whole Union can do it with effect,
if it be vested with power to use the aggregate strength of the Union. If the
regulation of the militia were to be committed to the executive authority
alone, there might be reason for providing {383} restrictions. But, sir, it is
the legislative authority that has this power. They must make a law for the
purpose.

The honorable member is under another mistake. He wishes martial law to
be exercised only in time of war, under an idea that Congress can establish it
in time of peace. The states are to have the authority of training the militia
according to the congressional discipline; and of governing them at all times
when not in the service of the Union. Congress is to govern such part of them
as may be employed in the actual service of the United States; and such part
only can be subject to martial law. The gentlemen in opposition have drawn a
most tremendous picture of the Constitution in this respect. Without
considering that the power was absolutely indispensable, they have alarmed us
with the possible abuse of it, but have shown no inducement or motive to tempt
them to such abuse. Would the legislature of the state drag the militia of the
eastern shore to the western frontiers, or those of the western frontiers to
the eastern shore, if the local militia were sufficient to effect the intended
purpose? There is something so preposterous, and so full of mischief, in the
idea of dragging the militia unnecessarily from one end of the continent to the
others that I think there can be no ground of apprehension, If you limit their
power over the militia, you give them a pretext for substituting a standing
army. If you put it in the power of the state governments to refuse the
militia, by requiring their consent, you destroy the general government, and
sacrifice particular states. The same principles and motives which produce
disobedience to requisitions, will produce refusal in this case.

The restrictions which the honorable gentleman mentioned to be in the
British constitution are all provisions against the power of the executive
magistrate; but the House of Commons may, if they be so disposed, sacrifice the
interest of their constituents in all those cases. They may prolong the
duration of mutiny bills, and grant supplies to the king to carry on an
impolitic war. But they have no motives to do so; for they have strong motives
to do their duty. We halve more ample security than the people of Great
Britain. The powers of the government are more limited and guarded, and our
representatives are more responsible than the members of the British House of
Commons.

{384} Mr. CLAY apprehended that, by this power, our militia might be
sent to the Mississippi. He observed that the sheriff might raise the posse
comitatus to execute the laws. He feared it would lead to the establishment
of a military government, as the militia were to be called forth to put the
laws into execution. He asked why this mode was preferred to the old,
established custom of executing the laws.

Mr. MADISON answered, that the power existed in all countries; that the
militia might be called forth, for that purpose, under the laws of this state
and every other state in the Union; that public force must be used when
resistance to the laws required it, otherwise society itself must be destroyed;
that the mode referred to by the gentleman might not be sufficient on every
occasion, as the sheriff must be necessarily restricted to the posse of
his own county. If the posse of one county were insufficient to overcome
the resistance to the execution of the laws, this power must be resorted to. He
did not, by any means, admit that the old mode was superseded by the
introduction of the new one. And it was obvious to him, that, when the civil
power was sufficient, this mode would never be put in practice.

Mr. HENRY. Mr. Chairman, in my judgment the
friends of the opposition have to act cautiously. We must make a firm stand
before we decide. I was heard to say, a few days ago, that the sword and purse
were the two great instruments of government; and I professed great repugnance
at parting with the purse, without any control, to the proposed system of
government. And now, when we proceed in this formidable compact, and come to
the national defence, the sword, I am persuaded we ought to be still more
cautious and circumspect; for I feel still more reluctance to surrender this
most valuable of rights.

The honorable member who has risen to explain several parts of the
system was pleased to say, that the best way of avoiding the danger of a
standing army, was, to have the militia in such a way as to render it
unnecessary; and that, as the new government would have power over the militia,
we should have no standing army — it being unnecessary. This argument
destroys itself. It demands a power, and denies the probability of its
exercise. There are suspicions of power on one hand, and absolute and unlimited
confidence {385} on the other. I hope to be one of those who have a large share
of suspicion. I leave it to this house, if there be not too small a portion on
the other side, by giving up too much to that government. You can easily see
which is the worst of two extremes. Too much suspicion may be corrected. If you
give too little power to-day, you may give more to-morrow. But the reverse of
the proposition will not hold. If you give too much power to-day, you cannot
retake it to-morrow: for to-morrow will never come for that purpose. If you
have the fate of other nations, you will never see it. It is easier to supply
deficiencies of power than to take back excess of power. This no man can
deny.

But, says the honorable member, Congress will keep the militia armed;
or, in other words, they will do their duty. Pardon me if I am too jealous and
suspicious to confide in this remote possibility. My honorable friend went on a
supposition that the American rulers, like all others, will depart from their
duty without bars and checks. No government can be safe without checks. Then he
told us they had no temptation to violate their duty, and that it would be
their interest to perform it. Does he think you are to trust men who cannot
have separate interests from the people? It is a novelty in the political world
(as great a novelty as the system itself) to find rulers without private
interests, and views of personal emoluments, and ambition. His supposition,
that they will not depart from their duty, as having no interest to do so, is
no satisfactory answer to my mind. This is no check. The government may be most
intolerable and destructive, if this be our only security.

My honorable friend attacked the honorable gentleman with universal
principles — that, in all nations and ages, rulers have been actuated by
motives of individual interest and private emoluments, and that in America it
would be so also. I hope, before we part with this great bulwark, this noble
palladium of safety, we shall have such checks interposed as will render us
secure. The militia, sir, is our ultimate safety. We can have no security
without it. But then, he says that the power of arming and organizing the
militia is concurrent, and to be equally exercised by the general and state
governments. I am sure, and I trust in the candor of that gentleman, that he
will recede from that {386} opinion, When his recollection will be called to
the particular clause which relates to it.

As my worthy friend said, there is a positive partition of power between
the two governments. To Congress is given the power of "arming, organizing, and
disciplining the militia, and governing such part of them as may be employed in
the service of the United States." To the state legislatures is given the power
of appointing the officers, and training the militia according to the
discipline prescribed by Congress." I observed before, that, if the power be
concurrent as to arming them, it is concurrent in other respects. If the states
have the right of arming them, &c., concurrently, Congress, has a
concurrent power of appointing the officers, and training the militia. If
Congress have that power, it is absurd. To admit this mutual concurrence of
powers will carry on into endless absurdity — that Congress has nothing
exclusive on the one hand, nor the states on the other. The rational
explanation is, that Congress shall have exclusive power of arming them,
&c., and that the State governments shall have exclusive power of
appointing the officers, &c. Let me put it in another light.

May we not discipline and arm them, as well as Congress, if the power be
concurrent? so that our militia shall have two sets of arms, double sets of
regimentals, &c.; and thus, at a very great cost, we shall be doubly armed.
The great object is, that every man be armed. But
can the people afford to pay for double sets of arms, &c.? Every one Who is
able may have a gun. But we have learned, by experience, that, necessary as it
is to have arms, and though our Assembly has, by a succession of laws for many
years, endeavored to have the militia completely armed, it is still far from
being the case. When this power is given up to Congress without. limitation or
bounds, how will your militia be afraid? You trust to chance; for sure I am
that that nation which shall trust its liberties in other hands cannot long
exist. If gentlemen are serious when they suppose a concurrent power, where can
be the impolicy to amend it? Or, in other words, to say that Congress shall not
arm or discipline them, till the states Shall have refused or neglected to do
it? This is my object. I only wish to bring it to what they themselves say is
implied. Implication is to be the foundation of our civil liberties; and when
you speak of arming the militia by a {387} concurrence of power, you use
implication. But implication will not save you, when a strong army of veterans
comes upon you. You would be laughed at by the whole world, for trusting your
safety implicitly to implication.

The argument of my honorable friend was, that rulers might tyrannize.
The answer he received was, that they will not. In saying that they would not,
he admitted they might. In this great, this essential part of the Constitution,
if you are safe, it is not from the Constitution, but from the virtues of the
men in government. If gentlemen are willing to trust themselves and posterity
to so slender and improbable a chance, they have greater strength of nerves
than I have.

The honorable gentleman, in endeavoring to answer the question why the
militia were to be called forth to execute the laws, said that the civil power
would probably do it. He is driven to say, that the civil power may do it
instead of the militia. Sir, the military power ought not to interpose till the
civil power refuse. If this be the spirit of your new Constitution, that the
laws are to be enforced by military coercion, we may easily divine the happy
consequences which will result from it. The civil power is not to be employed
at all. If it be, show me it. I read inattentively, and could see nothing to
warrant a belief that the civil power can be called for. I should be glad to
see the power that authorizes Congress to do so. The sheriff will be aided by
military force. The most wanton excesses may be committed under color of this;
for every man in office, in the states, is to take an oath to support it in all
its operations. The honorable gentleman said, in answer to the objection that
the militia might be marched from New Hampshire to Georgia, that the members of
the government would not attempt to excite the indignation of the people. Here,
again, we have the general unsatisfactory answer, that they will be virtuous,
and that there is no danger.

Will gentlemen be satisfied with an answer which admits of dangers and
abuses if they be wicked? Let us put it of their power to do mischief. I am
convinced, there is no safety in the paper on the table as it stands now. I am
sorry to have an occasion to pass a eulogium on the British government, as
gentlemen may object to it. But how natural it is, when comparing deformities
to beauty, to be {388} struck with the superiority of the British government to
that system! In England, self-love — self-interest — powerfully
stimulates the executive magistrate to advance the prosperity of the nation. In
the most distant part, he feels the loss of his subjects. He will see the great
advantage of his posterity inseparable from the felicity of his people. Man is
a fallen creature, a fallible being, and cannot be depended on without
self-love. Your President will not have the same motives of self-love to impel
him to favor your interests. His political character is but transient, and he
will promote, as much as possible, his own private interests. He will conclude,
the constant observation has been that he will abuse his power, and that it is
expected. The king of England has a more permanent interest. His stock, his
family, is to continue in possession of the same emolument. The more
flourishing his nation, the more formidable and powerful is he. The sword and
purse are not united, in that government, in the same hands, as in this system.
Does not infinite security result from a separation?

But it is said that our Congress are more responsible than the British
Parliament. It appears to me that there is no real, but there may be some
specious responsibility. If Congress, in the execution of their unbounded
powers, shall have done wrong, how will you come at them to punish them, if
they are at the distance of five hundred miles? At such a great distance, they
will evade responsibility altogether. If you have given up your militia, and.
Congress shall refuse to arm them, you have lost every thing. Your existence
will be precarious, because you depend on others, whose interests are not
affected by your infelicity. If Congress are to arm us exclusively, the man of
New Hampshire may vote for or against it, as well as the Virginian. The great
distance and difference between the two places render it possible that the
people of that country can know or pursue what will promote our convenience. I
therefore contend that, if, Congress do not arm the militia, we ought to
provide for it ourselves.

Mr. NICHOLAS. Mr. Chairman, the great object of government, in every
country, is security and public defence. I suppose, therefore, that what we
ought to attend to here, is, what is the best mode of enabling the general
government to protect us. One of three ways must be pursued {389} for this
purpose. We must either empower them to employ, and rely altogether on, a
standing army; or depend altogether on militia; or else we must enable them to
use the one or the other of these two ways, as may be found most expedient. The
least reflection will satisfy us that the Convention has adopted the only
proper method. If a standing army were alone to be employed, such an army must
be kept up in time of peace as would be sufficient in war. The dangers of such
an army are so striking that every man would oppose the adoption of this
government, had it been proposed by it as the only mode of defence. Would it be
safe to depend on militia alone, without the agency of regular forces, even in
time of war? Were we to be invaded by a powerful, disciplined army, should we
be safe with militia? Could men unacquainted with the hardships, and unskilled
in the discipline of war, — men only inured to the peaceable occupations
of domestic life, — encounter with success the most skilful veterans,
inured to the fatigues and toils of campaigns? Although some people are pleased
with the theory of reliance on militia, as the sole defence of a nation, yet I
think it will be found, in practice, to be by no means adequate. Its inadequacy
is proved by the experience of other nations. But were it fully adequate, it
would be unequal. If war be supported by militia, it is by personal service.
The poor man does as much as the rich. Is this just? What is the consequence
when war is carried on by regular troops? They are paid by taxes raised from
the people, according to their property; and then the rich man pays an adequate
share.

But, if you confine yourselves to militia alone, the poor man is
oppressed. The rich man exempts himself by furnishing a substitute. And,
although it be oppressive to the poor, it is not advantageous to the rich? For
what he gives would pay regular troops. It is therefore neither safe nor just
to depend entirely on militia. As these two ways are ineligible, let us
consider the third method. Does this Constitution put this on a proper footing?
It enables Congress to raise an army when necessary, or to call forth the
militia when necessary. What will be the consequence of their having these two
powers? Till there be a necessity for an army to be raised, militia will do.
And when an army will be raised, the militia will still be employed, which
{390} will render a less numerous army sufficient. By these means, there will
be a sufficient defence for the country, without having a standing army
altogether, or oppressing the people. The worthy member has said, that it ought
to be a part of the Constitution that the militia ought not to go out of the
state without the consent of the state legislature. What would be the
consequence of this? The general defence is trusted to the general government.
How is it to protect the Union? It must apply to the state governments before
it can do it. Is this right? Is it not subjecting the general will to the
particular will, and exposing the general defence to the particular caprice of
the members of the state governments? This would entirely defeat the power
given to Congress to provide for the general defence; and unless the militia
were to aid in the execution of the laws when resisted, the other powers of
Congress would be nugatory. But he has said that this idea is justified by the
English history; for that the king has the power of the sword, but must apply
to the commons for the means of using it — for the purse. This is not a
similar case. The king and commons are parts of the same government. But the
general government is separate and perfectly distinct from the individual
governments of the states. Should Congress be obliged to apply to the
particular states for the militia, they may be refused, and the government
overturned. To make the case similar, he ought to show us that the king and
Parliament were obliged to call on some other power to raise forces, and
provide for the means of carrying on war; for, otherwise, there is no
similitude.

If the general government be obliged to apply to the states, a part will
be thereby rendered superior to the whole. What are to be the effects of the
amendments proposed? To destroy one of the most beneficial parts of the
Constitution, put an obstacle in the way of the general government, and put it
in the power of the state governments to take away the aid of the militia. Who
will be most likely to want the aid of the militia? The Southern States, from
their situation. Who are the most likely to be called for? The Eastern States,
from their strength, &c. Should we put it in the power of particular states
to refuse the militia, it ought to operate against ourselves. It is the height
of bad policy to alter this part of the system. But it is said, the {391}
militia are to be disarmed. Will they be worse armed than they are now? Still,
as my honorable friend said, the states would have power to arm them. The power
of arming them is concurrent between the general and state governments; for the
power of arming them rested in the state governments before; and although the
power be given to the general government, yet it is not given exclusively; for,
in every instance where the Constitution intends that the general government
shall exercise any power exclusively of the state governments, words of
exclusion are particularly inserted. Consequently, in every case where such
words of exclusion are not inserted, the power is concurrent to the state
governments and Congress, unless where it is impossible that the power should
be exercised by both. It is, therefore, not an absurdity to say, that Virginia
may arm the militia, should Congress neglect to arm them. But it would be
absurd to say that we should arm them after Congress had armed them, when it
would be unnecessary; or that Congress should appoint the officers, and train
the militia, when it is expressly excepted from their powers.

But his great uneasiness is, that the militia may be under martial law
when not on duty. A little attention will be sufficient to remove this
apprehension. The Congress is to have power "to provide for the arming,
organizing, and disciplining the militia, and for governing such part of them
as may be employed in the service of the United States." Another part tells you
that they are to provide for calling them forth, to execute the laws of the
Union, suppress insurrections, and repel invasions. These powers only amount to
this — that they can only call them forth in these three cases, and that
they can only govern such part of them as may be in the actual service of the
United States. This causes a sufficient security that they will not be under
martial law but when in actual service. If, sir, a mutiny bill has continued
since the revolution, recollect that this is done under the present happy
government. Under the new government, no appropriation of money, to the use of
raising or supporting an army, shall be for a longer term than two years. The
President is to command. But the regulation of the army and navy is given to
Congress. Our representatives will be a powerful check here. The influence of
the commons, in England, in this case, is very predominant. But the worthy
member {392} on the other side of the house has said that the militia are the
great bulwark of the nation, and wishes to take no step to bring them into
disuse. What is the inference? He wishes to see the militia employed. The
Constitution provides what he wants. This is, to bring them frequently into
use. If he expects that, by depriving the general government of the power of
calling them into more frequent use, they will be rendered more useful and
expert, he is greatly deceived. We ought to part with the power to use the
militia to somebody. To whom? Ought we not to part with it for the general
defence? If you give it not to Congress, it may be denied by the states. If you
withhold it, you render a standing army absolutely necessary; for if they have
not the militia, they must have such a body of troops as will be necessary for
the general defence of the Union.

It was said, by the gentleman, that there was something singular in this
government, in saying that the militia shall be called forth to execute the
laws of the Union. There is a great difference between having the power in
three cases, and in all cases. They cannot call them forth for any other
purpose than to execute the laws, suppress insurrections, and repel invasions.
And can any thing be more demonstrably obvious, than that the laws ought to be
enforced if resisted, and insurrections quelled, and foreign invasions
repelled? But it is asked, Why has not the Constitution declared that the civil
power shall be employed to execute the laws? Has it said that the civil power
shall not be employed? The civil officer is to execute the laws on all
occasions; and, if he be resisted, this auxiliary power is given to Congress of
calling forth the militia to execute them, when it shall be found absolutely
necessary.

From his argument on this occasion, and his eulogium on the executive
magistrate of Britain, it might be inferred that the executive magistrate here
was to have the power of calling forth the militia. What is the idea of those
gentlemen who beard his argument on this occasion? Is it not that the President
is to have this power — that President, who, he tells us, is not to have
those high feelings, and that fine sensibility, which the British monarch
possesses? No, sir, the President is not to have this power. God forbid we
should ever see a public man in this country who should {393} have this power.
Congress only are to have the power of calling forth the militia. And will the
worthy member say that he would trust this power to a prince, governed by the
dictates of ambition, or mere motives of personal interest, sooner than he
would trust it in the hands of Congress? I will trust Congress, because they
will be actuated by motives of fellow-feeling. They can make no regulations but
what will affect themselves, their friends, and relations. But I would not
trust a prince, whose ambition and private views would be the guide of his
actions. When the government is carried on by representatives, and persons of
my own choice, whom I can follow when far removed, who can be displaced at
stated and short periods, — I can safely confide the power to them. It
appears to me that this power is essentially necessary; for, as the general
defence is trusted to Congress, we ought to intrust fully the means. This
cannot be fully done without giving the power of calling forth the militia; and
this power is sufficiently guarded.

Mr. MADISON. Mr. Chairman, the honorable gentleman has laid much stress
on the maxim, that the purse and sword ought not to be put in the same hands,
with a view of pointing out the impropriety of vesting this power in the
general government. But it is totally inapplicable to this question. What is
the meaning of this maxim? Does it mean that the sword and purse ought not to
be trusted in the hands of the same government? This cannot be the meaning; for
there never was, and I can say there never will be, an efficient government, in
which both are not vested. The only rational meaning is, that the sword and
purse are not to be given to the same member. Apply it to the British
government, which has been mentioned. The sword is in the hands of the British
king; the purse in the hands of the Parliament. It is so in America, as far as
any analogy can exist. Would the honorable member say that the sword ought to
be put in the hands of the representatives of the people, or in other hands
independent of the government altogether? If he says so, it will violate the
meaning of that maxim. This would be a novelty hitherto unprecedented. The
purse is in the hands of the representatives of the people. They have the
appropriation of all moneys. They have the direction and regulation of land and
naval forces. They are to provide for calling forth the militia; and the {394}
President is to have the command, and, in conjunction with the Senate, to
appoint the officers. The means ought to be commensurate to the end. The end is
general protection. This cannot be effected without a general power to use the
strength of the Union.

We are told that both sides are distinguished by these great traits,
confidence and distrust. Perhaps there may be a less or greater tincture of
suspicion on one side than the other. But give me leave to say that, where
power can be safely lodged, if it be necessary, reason commands its cession. In
such case, it is imprudent and unsafe to withhold it. It is universally
admitted that it must be lodged in some hands or other. The question, then, is,
in what part of the government it ought to be placed; and not whether any other
political body, independent of the government, should have it or not. I profess
myself to have had a uniform zeal for a republican government. If the honorable
member, or any other person, conceives that my attachment to this system arises
from a different source, he is greatly mistaken. From the first moment that my
mind was capable of contemplating political subjects, I never, till this
moment, ceased wishing success to a well-regulated republican government. The
establishment of such in America was my most ardent desire. I have considered
attentively (and my consideration has been aided by experience) the tendency of
a relaxation of laws and a licentiousness of manners.

If we review the history of all republics, we are justified in the
supposition that, if the bands of the government be relaxed, confusion will
ensue. Anarchy ever has produced, and I fear ever will produce, despotism. What
was the state of things that preceded the wars and revolutions in Germany?
Faction and confusion. What produced the disorders and commotions of Holland?
The like causes. In this commonwealth, and every state in the Union, the
relaxed operation of the government has been sufficient to alarm the friends of
their country. The rapid increase of population in every state is an additional
reason to cheek dissipation and licentiousness. Does it not strongly call for
the friends of republican government to endeavor to establish a republican
organization? A change is absolutely necessary. I can see no danger in
submitting to practice an experiment which seems to be founded on the best
theoretic principles.

{395} But the honorable member tells us there is not an equal
responsibility delineated, on that paper, to that which is in the English
government. Calculations have been made here, that, when you strike off those
entirely elected by-the influence of the crown, the other part does not bear a
greater proportion to the number of their people, than the number fixed in that
paper bears to the number of inhabitants in the United States. If it were
otherwise, there is still more responsibility in this government. Our
representatives are chosen for two years. In Great Britain, they are Chosen for
seven years. Any citizen may be elected here. In Great Britain, no one can be
elected, to represent a county, without having an estate of the value of six
hundred pounds sterling a year; nor to represent a corporation, without an
annual estate of three hundred pounds. Yet we are told, there is no sympathy or
fellow-feeling between the people here and their representatives; but that in
England they have both. A just comparison will show that, if confidence be due
to the government there, it is due tenfold here.

[Mr. Madison made many other observations, but spoke so
very low that he could not be distinctly heard.]

Mr. HENRY. Mr. Chairman, it is now confessed that
this is a national government. There is not a single federal feature in it. It
has been alleged, within these walls, during the debates, to be national and
federal, as it suited the arguments of gentlemen.

But now, when we have heard the definition of it, it is purely national.
The honorable member was pleased to say that the sword and purse included every
thing of consequence. And shall we trust them out of our hands without checks
and barriers? The sword and purse are essentially necessary for the government.
Every essential requisite must be in Congress. Where are the parse and sword of
Virginia? They must go to Congress. What is become of your country? The
Virginian government is but a name. It clearly results, from his last argument,
that we are to be consolidated. We should be thought unwise indeed to keep two
hundred legislators in Virginia, when the government is, in fact, gone to
Philadelphia or New York. We are, as a state, to form no part of the
government. Where are your checks? The most essential objects of government are
to be administered {396} by Congress. How, then, can the state governments be
any cheek upon them? If we are to be a republican government, it will be
consolidated, not confederated.

The means, says the gentleman, must be commensurate to the end. How does
this apply? All things in common are left with this government. There being an
infinitude in the government, there must be an infinitude of means to carry it
on. This is a sort of mathematical government that may appear well on paper,
but cannot sustain examination, or be safely reduced to practice. The
delegation of power to an adequate number of representatives, and an unimpeded
reversion of it back to the people, at short periods, form the principal traits
of a republican government. The idea of a republican government, in that paper,
is something superior to the poor people. The governing persons are the
servants of the people. There, the servants are greater than their masters;
because it includes infinitude, and infinitude excludes every idea of
subordination. In this the creature has destroyed and soared above the creator.
For if its powers be infinite, what rights have the people remaining? By that
very argument, despotism has made way in all countries where the people
unfortunately have been enslaved by it. We are told, the sword and purse are
necessary for the national defence. The junction of these, without limitation,
in the same hands, is, by logical and mathematical conclusions, the description
of despotism.

The reasons adduced here to-day have long ago been advanced in favor of
passive obedience and non-resistance. In 1688, the British nation expelled
their monarch for attempting to trample on their liberties. The doctrine of
divine right and passive obedience was said to be commanded by Heaven — it
was inculcated by his minions and adherents. He wanted to possess, without
control, the sword and purse. The attempt cost him his crown. This government
demands the same powers. I see reason to be more and As more alarmed. I fear it
will terminate in despotism. As to his objection of the abuse of liberty, it is
denied. The political inquiries and promotions of the peasants are a happy
circumstance. A foundation of knowledge is a great mark of happiness. When the
spirit of inquiry after political discernment goes forth among the lowest of
the people, it rejoices my heart. Why such fearful apprehensions? I {397} defy
him to show that liberty has been abused. There has been no rebellion here,
though there was in Massachusetts. Tell me of any country which has been so
long without a rebellion. Distresses have been patiently borne, in this
country, which would have produced revolutions in other countries. We strained
every nerve to make provisions to pay off our soldiers and officers. They,
though not paid, and greatly distressed at the conclusion of the war,
magnanimously acquiesced. The depreciation of the circulating currency very
much involved many of them, and thousands of other citizens, in absolute ruin;
but the same patient fortitude and forbearance marked their conduct. What would
the people of England have done in such a situation? They would have resisted
the government, and murdered the tyrant. But in this country, no abuse of power
has taken place. It is only a general assertion, unsupported, which suggests
the contrary. Individual licentiousness will show its baneful consequences in
every country, let its government be what it may.

But the honorable gentleman says, responsibility will exist more in this
than in the British government. It exists here more in name than any thing
else. I need not speak of the executive authority. But consider the two houses
— the American Parliament. Are the members of the Senate responsible? They
may try themselves, and, if found guilty on impeachment, are to be only removed
from office. In England, the greatest characters are brought to the block for
their sinister administration. They have a power there, not to dismiss them
from office, but from life, for mal-practices. The king himself cannot pardon
in this case. How does it stand with respect to your lower house? You have but
ten. Whatever number may be there, six is a majority. Will your country afford
no temptation, no money to corrupt them? Cannot six fat places be found to
accommodate them? They may, after the first Congress, take any place. There
will be a multiplicity of places. Suppose they corruptly obtain places. Where
will you find them, to punish them? At the farthest parts of the Union; in the
ten miles square, or within a state where there is a stronghold. What are you
to do when these men return from Philadelphia? Two things are to be done. To
detect the offender and bring him to punishment. You will find it difficult to
do either.

{398} In England, the proceedings are openly transacted. They deliver
their opinions freely and openly. They do not fear all Europe. Compare it to
this. You cannot detect the guilty. The publication from time to time is merely
optional in them. They may prolong the period, or suppress it altogether, under
pretence of its being necessary to be kept secret. The yeas and nays will avail
nothing. Is the publication daily? It may be a year, or once in a century. I
know this would be an unfair construction in the common concerns of life. But
it would satisfy the words of the Constitution. It would be some security were
it once a year, or even once in two years. When the new election comes on,
unless you detect them, what becomes Of your responsibility? Will they discover
their guilt when they wish to be reŽlected? This would suppose them to be
not only bad, but foolish men, in pursuit of responsibility. Have you a right
to scrutinize into the conduct of your representatives? Can any man, who
conceives himself injured, go and demand a sight of their journals? But it will
be told that I am suspicious. I am answered, to every question, that they will
be good men. In England, they see daily what is doing in Parliament. They will
hear from their Parliament in one thirty-ninth part of the time that we shall
hear from Congress in this scattered country. Let it be proposed, in England,
to lay a poll tax, or enter into any measure, that will injure one part and
produce emoluments to another, intelligence will fly quickly as the rays of
light to the people. They will instruct their representatives to oppose it, and
will petition against it, and get it prevented Or redressed instantly.
Impeachment follows quickly a violation of duty. Will it be so here? You must
detect the offence, and punish the defaulter. How will this be done When you
know not the offender, even though he had a previous design to commit the
misdemeanor? Your Parliament will consist of Sixty-five. Your share will be ten
out of the sixty-five. Will they not take shelter, by saying they were in the
minority — that the men from New Hampshire and Kentucky outvoted them?
Thus will responsibility, that great pillar of a free government, be taken
away.

The honorable gentleman wished to try the experiment. Loving his country
as he does, he would not surely wish to trust his happiness to an experiment,
from which much harm, but no good, may result.

{399} I will speak another time, and will not fatigue the committee now.
I think the friends of the opposition ought to make a pause here; for I can see
no safety to my country, if you give up this power.

Mr. MADISON. Mr. Chairman, the honorable member expresses surprise that
I wished to see an experiment made of a republican government, or that I would
risk the happiness of my country on an experiment. What is the situation of
this country at this moment? Is it not rapidly approaching to anarchy? Are not
the bands of the Union so absolutely relaxed as almost to amount to a
dissolution? What has produced despotism and tyranny in other parts of the
world? Is it not agreed, upon all hands, that a reform is necessary? If any
takes place, will it not be an experiment, as well as this system? He
acknowledges the existing system to be defective. He admits the necessity of
some change. Would not the change he would choose himself be also an
experiment? He has repeated objections which have already been clearly refuted,
and which, therefore, I will pass over.

With respect to responsibility, still the honorable member thinks that
the House of Representatives and Senate will suffer by a comparison with the
British Parliament. I will not repeat the contrast made before, which he has
mentioned. He tells us what may be done by our representatives with respect to
the admission to offices, and insinuates that less may be done in Great Britain
by the members of Parliament. In this country, by this system, no new office
can be taken by a member of the government, and if he takes an old one, he
loses his seat. If the emoluments of any existing office be increased, he
cannot take it. How is it in Great Britain? Any member may have any place; for
Parliament may create any new offices they please, or increase the emoluments
of existing offices, and yet the members may accept any such places. Any member
may accept any office whatever, and go again into Parliament. Does this
comparison militate against this system? He tells us the affairs of our country
are not alarming. I wish this assertion was well founded. I concur with him in
rejoicing to see the people enlightened and vigilant. I should be happy to see
the people paying respect to the laws and magistracy. But is respect paid to
our laws? Every man's experience will tell him more, perhaps, than any thing I
could say. {400} Public and private confidence daily and rapidly decrease.
Experiments must be made, and in that form which we must find most to the
interest of our country.

Gov. RANDOLPH. Mr. Chairman, our attention is summoned to this clause
respecting the militia, and alarms are thrown out to persuade us that it
involves a multiplicity of danger. It is supposed by the honorable gentleman
lately up, and another gentleman, that the clause for calling forth the militia
to suppress insurrections, repel invasions, and execute the laws of the Union;
implies that, instead of using civil force in the first instance, the militia
are to be called forth to arrest petty offenders against the laws. Ought not
common sense to be the rule of interpreting this Constitution? Is there an
exclusion of the civil power? Does it provide that the laws are to be enforced
by military coercion in all cases? No, sir. All that we are to infer is, that
when the civil power is not sufficient, the militia must be drawn out. Who are
they? He says (and I cheerfully acquiesce in the rectitude of the assertion)
that they are the bulwarks of our liberties. Shall we be afraid that the
people, this bulwark of freedom, will turn instruments of slavery? The officers
are to be appointed by the states. Will you admit that they will act so
criminally as to turn against their country? The officers of the general
government are attached to it, because they derive their appointment from it.
Admitting the militia officers to be corrupt, what is to make them be in favor
of the general government? Will not the same reason attach them to the state
governments? But it is feared that the militia are to be subjected to martial
law when not in service. They are only to be called out in three cases, and
only to be governed by the authority of Congress when in the actual service of
the United States; so that their articles of war can no longer operate upon
them than when in the actual service of the Union.

Can it be presumed that you can vest the supreme power of the United
States with the power of defence, and yet take away this natural defence from
them? You risk the general defence by withholding this power.

The honorable gentleman, speaking of responsibility, has mistaken facts.
He says the king cannot pardon offenders found guilty on impeachment. The king
can pardon after {401} impeachment, though not before. He says, further, that
in America every thing is concealed, whereas in England the operations of the
government are openly transacted. In England, those subjects which produce
impeachments are not opinions. No man ever thought of impeaching a man for an
opinion. It would be impossible to discover whether the error in opinion
resulted from a wilful mistake of the heart, or an involuntary fault of the
head. What are the occasions of impeachments most commonly? Treaties. Are these
previously known? No. Till after they are presented to the public eye, they are
not known. Those who advised a treaty are not known till then. There ought not
to be a publication on the subject of negotiations till they are concluded. So
that, when he thinks there is a greater notoriety in this case in England than
here, I say he is mistaken. There will be as much notoriety in America as in
England. The spirit of the nation occasions the notoriety of their political
operations, and not any constitutional requisition. The spirit of liberty will
not be less predominant in America, I hope, than there. With respect to a
standing army, I believe there was not a member in the federal Convention, who
did not feel indignation at such an institution. What remedy, then, could be
provided? Leave the country defenceless? In order to provide for our defence,
and exclude the dangers of a standing army, the general defence is left to
those who are the objects of defence. It is left to the militia, who will
suffer if they become the instruments of tyranny. The general government must
have power to call them forth when the general defence requires it. In order to
produce greater security, the state governments are to appoint the officers.
The President, who commands them when in actual service of the Union, is
appointed secondarily by the people. This is a further security. Is it not
incredible that men who are interested in the happiness of their country —
whose friends, relations, and connections, must be involved in the fate of
their country — should turn against their country? I appeal to every man
whether, if any of our own officers were called upon to destroy the liberty of
their country, he believes they would assent to such an act of suicide. The
state governments, having the power of appointing them, may elect men who are
the most remarkable for their virtue of attachment to their country.

{402} Mr. GEORGE MASON, after having read the clause which gives
Congress power to provide for arming, organizing, and disciplining the militia,
and governing those in actual service of the Union, declared it as his firm
belief, that it included the power of annexing punishments, and establishing
necessary discipline, more especially as the construction of this, and every
other part of the Constitution, was left to those who were to govern. If so, he
asked if Congress could not inflict the most ignominious punishments on the
most worthy citizens of the community. Would freemen submit to such indignant
treatment? It might be thought a strained construction, but it was no more than
Congress might put upon it. He thought such severities might be exercised on
the militia as would make them wish the use of the militia to be utterly
abolished, and assent to the establishment of a standing army. He then adverted
to the representation, and said it was not sufficiently full to take into
consideration the feelings and sentiments of all the citizens. He admitted that
the nature of the country rendered a full representation impracticable. But he
strongly urged that impracticability as a conclusive reason for granting no
powers to the government but such as were absolutely indispensable, and these
to be most cautiously guarded.

He then recurred to the power of impeachment. On this subject he
entertained great suspicions. He apologized for being suspicious. He entered
into the world with as few suspicious as any man. Young men, he said, were apt
to think well of every one, till time and experience taught them better. After
a treaty manifestly repugnant to the interests of the country was made, he
asked how they were to be punished. Suppose it had been made by the means of
bribery and corruption. Suppose they had received one hundred thousand guineas,
or louis d'ors, from a foreign nation, for consenting to a treaty, how was the
truth to be come at? Corruption and bribery of that kind had happened in other
governments, and might in this. The House of Representatives were to impeach
them. The senators were to try themselves. If a majority of them were guilty of
the crime, would they pronounce themselves guilty? Yet, says he, this is called
responsibility. He wished to know in what court the members of the government
were to be tried for the commission of indictable offences, or injuries to
individuals. {403} He acknowledged himself to be no lawyer; but he thought he
could see that they could be tried neither in the state nor federal courts. The
only means, therefore, of bringing them to punishment, must be by a court
appointed by law; and the law to punish them must also be made by themselves.
By whom is it to be made? demanded he. By the very men who are interested in
not inflicting punishment. Yet, says he, though they make the law, and fix the
punishment to be inflicted on themselves, it is called responsibility. If the
senators do not agree to the law, it will not he made, and thus they will
escape altogether.

[Mr. Mason then animadverted on the ultimate control of
Congress over the elections, and was proceeding to prove that it was dangerous,
when he was called to order, by Mr. Nicholas, for departing from the clause
under consideration. A desultory conversation ensued, and Mr. Mason was
permitted to proceed. He was of opinion that the control over elections tended
to destroy responsibility. He declared he had endeavored to discover whether
this power was really necessary, or what was the necessity of vesting it in the
government, but he could find no good reason for giving it; that the reasons
suggested were that, in case the states should refuse or neglect to make
regulations, or in case they should be prevented from making regulations by
rebellion or invasion, then the general government should interpose.]

Mr. Mason then proceeded thus: If there be any other cases, I should be
glad to know them; for I know them not. If there be no other, why not confine
them to these cases? But the power here, as in a thousand other instances, is
without reason. I have no power which any other person call take from me. I
have no right of representation, if they can take it from me. I say, therefore,
that Congress may, by this claim, take away the right of representation, or
render it nugatory, despicable, or oppressive. It is at least argumentative,
that what may be done will be done, and that a favorite point will be done by
those who can.

Suppose the state of Virginia should adopt such regulations as gentlemen
say, (and in which I accord with all my heart,) and divide the state into ten
districts. Suppose, then, that Congress should order, instead of this, that the
elections should be held in the borough of Norfolk. Will any man say that any
man in Frederick or Berkely county would have any share in this representation,
if the members were chosen in Norfolk? Nay, I might go farther, and say that
{404} the elections for all the states might be had in New York, and then we
should have to go so far that the privilege would be lost altogether; for but
few gentlemen could afford to go thither. Some of the best friends of the
Constitution have advocated that the elections should be in one place. This
power is not necessary, and is capable of great abuse. It ought to be confined
to the particular cases in which they assert it to be necessary. Whatever
gentlemen may think of the opposition, I will never agree to give any power
which I conceive to be dangerous.

I have doubts on another point. The 5th section of the 1st article
provides, "that each house shall keep a journal of its proceedings, and from
time to time publish the same, excepting such parts as may, in their judgment,
require secrecy." This enables them to keep the negotiations about treaties
secret. Under this veil they may conceal any thing and every thing. Why not
insert words that would exclude ambiguity and danger? The words of the
Confederation, that defective system, are, in this respect, more eligible. What
are they? In the last clause of the 9th article it is provided, "that Congress
shall publish the journal of their proceedings monthly, except such parts
thereof, relating to treaties, alliances, or military operations, as, in their
judgment, require secrecy." The proceedings, by that system, are to be
published monthly, with certain exceptions. These are proper guards. It is not
so here. On the contrary, they may conceal what they please.

Instead of giving information, they will produce suspicion. You cannot
discover the advocates of their iniquitous acts. This is an additional defect
of responsibility. Neither house can adjourn, without the consent of the other,
for more than three days. This is no parliamentary rule. It is untrodden
ground, and it appears to me liable to much exception.

The senators are chosen for six years. They are not recallable for those
six years, and are reŽligible at the end of the six years. It stands on a
very different ground from the Confederation. By that system, they were only
elected for one year, might be recalled, and were incapable of reŽlection.
But in the new Constitution, instead of being elected for one, they are chosen
for six years. They cannot be recalled, in all that time, for any misconduct,
and at the end of that long term may again be elected. What will be {405} the
operation of this? Is it not probable that those gentlemen, who will be elected
senators, will fix themselves in the federal town, and become citizens of that
town more than of our state? They will purchase a good seat in or near the
town, and become inhabitants of that place. Will it not be, then, in the power
of the Senate to worry the House of Representatives into any thing? They will
be a continually existing body. They will exercise those machinations and
contrivances which the many have always to fear from the few. The House of
Representatives is the only check on the Senate, with their enormous powers.
But, by that clause, you give them the power of worrying the House of
Representatives into a compliance with any measure. The senators, living on the
spot, will feel no inconvenience from long sessions, as they will vote
themselves handsome pay, without incurring any additional expenses. Your
representatives are on a different ground, from their shorter continuance in
office. The gentlemen from Georgia are six or seven hundred miles from home,
and wish to go home. The Senate, taking advantage of this, by stopping the
other house from adjourning, may worry them into ally thing. These are my
doubts, and I think the provision not consistent with the usual parliamentary
modes.

Mr. LEE, (of Westmoreland.) Mr. Chairman, I am anxious to know the truth
on this great occasion. I was in hopes of receiving true information, but have
been disappointed. I have heard suspicions against possibility, and not against
probability. As to the distinction which lies between the gentlemen for and
against the Constitution, — in the first place, most of the arguments the
latter use pay no regard to the necessity of the Union, which is our object. In
the next place, they use contradictory arguments. It may be remembered that we
were told there was great danger of an aristocracy governing this country; for
that their wages would be so low, that the rich alone could serve. And what
does another gentleman say? That the price will be so high, that they will fix
themselves comfortably in office, and, by their power and extravagant
emoluments, ruin us. Ought we to adduce arguments like these, which imply a
palpable contradiction? We ought to use arguments capable of discussion.

I beg leave to make some reply to what the honorable {406} gentleman
over the way said. He rose with great triumph and exultation, saying that we
had conceded that the government was national. The honorable gentleman is so
little used to triumph on the grounds of reasoning, that he suffers himself to
be quite captivated by the least appearance of victory. What reason had he to
say that we admitted it to be a national government? We agree that the sword
and the purse are in the hands of the general government for different
designated purposes. What had the honorable member conceded? That the objects
of the government were general, as designated in that system, equally affecting
the interests of the people of every state. This was the sole concession, and
which by no means warrants his conclusion. Then why did the honorable gentleman
seize it as a victory? Does he mean to object to the Constitution by putting
words into our mouths which we never uttered? Did that gentleman say that the
happiness of the people depended on the private virtues of the members of the
government, and not on its construction? Did any gentleman admit this, as he
insinuated? No, sir, we never admitted such a conclusion. Why, then, take up
the time of this house in declaiming on words we never said? We say that it
will secure our liberty and happiness, and that it is so constructed and
organized, that we need apprehend no danger.

But, says he, the creature destroys the creator. How has he proved it?
By his bare assertion. By ascribing infinitude to powers clearly limited and
defined, for certain designated purposes. I shall not repeat the arguments
which have fully refuted this idea of the honorable gentleman.

But gentlemen say that we must apply to the militia to execute the
constitutional laws, without the interposition of the civil power, and that a
military officer is to be substituted for the sheriff in all cases. This
unwarrantable objection is urged, like many others, to produce the rejection of
this government, though contrary to reason. What is the meaning of the clause
under debate? Does not their explanation violate the natural meaning of
language? Is it to be inferred that, when the laws are not opposed, judgments
must be executed by the militia? Is this the right and liberal way of
discussing the general national objects? I am astonished that gentlemen should
attempt to impose so absurd a construction upon us.

{407} The honorable gentleman last up says, that organizing the militia
gives Congress power to punish them when not in the actual Service of the
government. The gentleman is mistaken in the meaning of the word
organization, to explain which would unnecessarily take up time. Suffice
it to say, it does not include the infliction of punishments. The militia will
be subject to the common regulations of war when in actual service; but not in
time of peace.

But the honorable gentleman said there is danger of an abuse of the
power, and attempted to exemplify. And delegated power may be abused. It would
be civil and candid in those gentlemen, who inveigh against this Constitution
with such malignity, to show in what manner adequate powers can be given
without a possibility of being abased. It appears to me to be as well secured
as it can be, and that the alterations he proposes would involve many
disadvantages. I cannot, then, but conclude that this government will, in my
opinion, secure our liberty and happiness, without any alteration.

Mr. CLAY made several remarks; but he spoke too low. He admitted that he
might be mistaken with respect to the exclusion of the civil power in executing
the laws. As it was insinuated that he was not under the influence of common
sense in making the objection, his error might result from his deficiency in
that respect. But he thought that another gentleman was as deficient in common
decency as he was in common sense. He was not, however, convinced that the
civil power would be employed. If it was meant that the militia should not be
called out to execute the laws in all cases, why were they not satisfied with
the words, "repel invasions, suppress insurrections"? He thought the word
insurrection included every opposition to the laws; and if so, it would
be sufficient to call them forth to suppress insurrections, without mentioning
that they were to execute the laws of the Union. He added that, although the
militia officers were appointed by the state governments, yet, as they were
sworn to obey the superior power of Congress, no check or security would result
from their nomination of them.

Mr. MADISON. Mr. Chairman, I cannot think that the explanation of the
gentleman last up is founded in reason. It does not say that the militia shall
be called out in all cases, {408} but in certain cases. There are cases in
which the execution of the laws may require the operation of militia, which
cannot be said to be an invasion or insurrection. There may be a resistance to
the laws which cannot be termed an insurrection.

My honorable friend over the way has opened a new source of argument. He
has introduced the assertions of gentlemen out of doors. If we thus depart from
regularity, we shall never be able to come to a decision.

If there be any gentleman who is a friend to the government, and says
that the elections may or ought to be held in one place, he is an enemy to it
on that ground. With respect to the time, place, and manner of elections, I
cannot think, notwithstanding the apprehensions of the honorable gentleman,
that there is any danger, or, if abuse should take place, that there is not
sufficient security. If all the people, of the United States should be directed
to go to elect in one place, the members of the government would be execrated
for the infamous regulation. Many would go to trample them under foot for their
conduct; and they would be succeeded by men who would remove it. They would not
dare to meet the universal hatred and detestation of the people, and run the
risk of the certain dreadful consequences. We must keep within the compass of
human probability. If a possibility be the cause of objection, we must object
to every government in America. But the honorable gentleman may say that better
guards may be provided. Let us consider the objection. The power of regulating
the time, place, and manner of elections, must be vested somewhere. It could
not be fixed in the Constitution without involving great inconveniences. They
could then have no authority to adjust the regulation to the changes of
circumstances. The question then is, whether it ought to be fixed unalterably
in the state governments, or be subject to the control of the general
government. Is it not obvious that the general government would be destroyed
without this control? It has already been demonstrated that it will produce
many conveniences. Have we not sufficient security against abuse? Consider
fully the principles of the government. The sum of the powers given up by the
people of Virginia is divided into two classes — one to the federal and
the other to the state government. Each is subdivided into three branches.
These {409} may be kept independent of each other in the one as well as the
other. In this system, they are as distinct as is consistent with good policy.
This, in my opinion, instead of diminishing, increases the security of liberty
more than any government that ever was; for the powers of government which, in
every other country, are given to one body, are here given to two, and are
favorable to public liberty. With respect to secrecy, if every thing in which
it is necessary could be enumerated, I would have no objection to mention them.
All the state legislatures can keep secret what they think ought to be
concealed. The British House of Commons can do it. They are in this respect
under much less restraint than Congress. There never was any legislative
assembly without a discretionary power of concealing important transactions,
the publication of which might be detrimental to the community. There can be no
real danger as long as the government is constructed on such principles.

He objects also to the clause respecting adjournment — that neither
house shall, without the consent of the other, adjourn for more than three
days. It was before remarked that, if a difference should take place between
the houses about the time of adjournment, the President could still determine
it; from which no danger could arise, as he is chosen in a secondary degree by
the people, and would consequently fix no time which would be repugnant to the
sense of the representatives of the people. Another and more satisfactory
answer is this: Suppose the Senate wished to chain down the House of
Representatives; what is to hinder them from going home? How bring them back
again? It would be contrary to the spirit of the Constitution to impede the
operations of the government, perhaps at a critical period. I cannot conceive
that such difference will often happen. Were the Senate to attempt to prevent
an adjournment, it would but serve to irritate the representatives without
having the intended effect, as the President could adjourn them. There will not
be occasion for the continual residence of the senators at the seat of
government. What business have they more than the House of Representatives? The
appointment of officers and treaties. With respect to the appointment of
officers, a law may be made to grant it to the President alone. It must be
supposed there will be but few and subordinate officers to be appointed, as the
principal {410} offices will be filled. It is observed that the President, when
vacancies happen during the recess of the Senate, may fill them till it meets.
With respect to treaties, the occasions of forming them will not be many, and
will make but a small porportion of the time of session.

Mr. CLAY wished to know the instances where an opposition to the laws
did not come within the idea of an insurrection.

Mr. MADISON replied, that a riot did not come within the legal
definition of an insurrection. There might be riots, to oppose the execution of
the laws, which the civil power might not be sufficient to quell. This was one
case, and there might probably be other cases. He referred to the candor of the
committee, whether the militia could ever be used to destroy themselves.